Texas Local Government Code 392.005 – Tax Exemption
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(a) The property of an authority is public property used for essential public and governmental purposes. The authority and the authority’s property are exempt from all taxes and special assessments of a municipality, a county, another political subdivision, or the state.
(b) If a municipality, county, or political subdivision furnishes improvements, services, or facilities for a housing project, an authority may, in lieu of paying taxes or special assessments, agree to reimburse in payments to the municipality, county, or political subdivision an amount not greater than the estimated cost to the municipality, county, or political subdivision for the improvements, services, or facilities.
Terms Used In Texas Local Government Code 392.005
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Property: means real and personal property. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) An exemption under this section for a multifamily residential development which is owned by a housing development corporation or a similar entity created by a housing authority, other than a public facility corporation created by a housing authority under Chapter 303, and which does not have at least 20 percent of its residential units reserved for public housing units, applies only if:
(1) the authority holds a public hearing, at a regular meeting of the authority’s governing body, to approve the development; and
(2) at least 50 percent of the units in the multifamily residential development are reserved for occupancy by individuals and families earning less than 80 percent of the area median income, adjusted for family size.
(c-1) An exemption under this section for a multifamily residential development which is owned by a public facility corporation created by a housing authority under Chapter 303 applies only if:
(1) at least 50 percent of units in the multifamily residential development are reserved for occupancy by individuals and families earning not more than 80 percent of the area median income, adjusted for family size; and
(2) the development:
(A) has at least 20 percent of its residential units reserved for public housing units;
(B) participates in the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development;
(C) receives financial assistance administered under Chapter 1372, Government Code, or receives financial assistance from another type of tax-exempt bond; or
(D) receives financial assistance administered under Subchapter DD, Chapter 2306, Government Code.
(d) For the purposes of Subsections (c) and (c-1), a “public housing unit” is a residential unit for which the owner receives a public housing operating subsidy. It does not include a unit for which payments are made to the landlord under the federal Section 8 Housing Choice Voucher Program.